Could Beaufort County start all schools in July under a hybrid calendar?

Plain-English summary

In 2007, Beaufort County School District proposed a single calendar for schools then using different schedules. The proposed student calendar began July 30 and ended with an early dismissal on May 30, leaving no school scheduled in June or July of the following year. The South Carolina Attorney General concluded that this was not a year-round calendar and therefore did not qualify for the statute's exception to its rule against opening before the third Monday in August.

The statute also allowed the State Board of Education to waive the opening-date rule for specified reasons. The AG noted that the district had not said it was seeking a waiver, so his answer assessed the proposed calendar without one.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Was a July 30 start allowed just because the district called the schedule a hybrid? A: No. The AG looked at the actual dates, found the schedule was not year-round, and said it appeared to conflict with the opening-date rule.

Q: What exception did the 2007 statute give year-round schools? A: The quoted statute exempted schools operating on a year-round modified calendar from the third-Monday-in-August opening restriction.

Q: Did the district seek a waiver in the opinion?
A: The AG said the superintendent had not indicated that the district was seeking a State Board waiver.

Background and statutory framework

S.C. Code Ann. § 59-1-425 let school boards set calendars but, beginning with the 2007–2008 school year, barred a student opening before the third Monday in August except for modified year-round schools or a qualifying State Board waiver. The AG applied those provisions to the submitted July-to-May calendar.

Citations and references

Statute: S.C. Code Ann. § 59-1-425.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-19-2007/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/mcdaniel-p-h-1-19-07-beaufort-co-school-district-.pdf

Original opinion text

January 19, 2007

Phillip J. McDaniel, Ed.D., Superintendent
Beaufort County School District
Post Office Drawer 309
Beaufort, South Carolina 29901-0309
Dear Dr. McDaniel:
In a letter to this office you indicated that currently the Beaufort County School District has thirteen schools operating under a year-round calendar that starts in mid-July and fifteen more that open on a traditional (mid-August) schedule. For a variety of reasons, you indicate that it is your desire that the school system unite under a single calendar. As a result, a hybrid of the two calendars has been proposed for the 2007-2008 school year. You have questioned whether the proposed calendar is acceptable under state law. You made reference to current state law that provides for the beginning and length of school terms in South Carolina. S.C. Code Ann. § 59-1-425 states that (A) Each local school district board of trustees of the State shall have the authority to establish an annual school calendar for teachers, staff, and students. The statutory school term is one hundred ninety days annually and shall consist of a minimum of one hundred eighty days of instruction covering at least nine calendar months. However, beginning with the 2007-2008 school year the opening date for students must not be before the third Monday in August, except for schools operating on a year-round modified school calendar. (emphasis added). As set forth, beginning with the 2007-2008 school year, the opening date for schools must not be before the third Monday in August with an exception for year-round schools. Subsection (H) of such provision does allow for the waiver by the State Board of Education of the school opening date requirement “on a showing of good cause or for an educational purpose” as defined in that provision. However, you have not indicated that such a waiver is being sought by your school district. The proposed calendar for the 2007-2008 school year which you forwarded reflects a start date for students of July 30 ending with an early dismissal date on May 30. There is apparently no

Dr. McDaniel
Page 2
January 19, 2007
school for students scheduled during the months of June and July of 2008. In the opinion of this office, such a proposed calendar does not constitute a year-round school calendar. As a result, it appears that such proposed calendar would be in conflict with Section 59-1-425 and its requirement that the opening date for students not be before the third Monday in August. If there are any questions, please advise. Sincerely,

Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General